Opinion
November 16, 1993
Appeal from the Family Court, Bronx County (Ruth Jane Zuckerman, J.).
Upon a determination that the children had been abandoned by their natural parents, the Family Court held a dispositional hearing, during which the children's maternal grandmother was granted permission to intervene. Contrary to appellant's unpreserved assertion, her status as a maternal grandmother does not entitle her to a "pre-emptive right" to custody of the children (Matter of Chiquita J., 170 A.D.2d 353, 354, lv denied 78 N.Y.2d 852). Moreover, her reliance upon Matter of Michael B. ( 80 N.Y.2d 299), does not support her claim to such preference. Finally, we find the court's determination accords with the children's best interests.
Concur — Carro, J.P., Rosenberger, Kassal and Rubin, JJ.